Originally Posted by
Silentweapon338
That is the correct one. The language about getting stopped by an officer will end up in court. That is way too much discretion. They tried to make it as clean as possible, but that left a whole lotta wiggle room.
Section 23-31-245. A person openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person. This article does not prevent a law enforcement officer from searching, detaining, or arresting a person when he has a particularized and objective basis for suspecting the particular person stopped of criminal activity. A person merely carrying a weapon in accordance with this article is not sufficient to justify a search, detention, or arrest.
Notice it says open carry. It doesn't say anything about a concealed that may protrude and draw attention. Dude is wearing a Grateful Dead shirt sitting and his gun is outlined. Rolls up to a road block, Cop sees both says he has an objective cause searches said car finds 3 seeds his buddy who actually smokes left in the car while rolling one the other day. Now the guy has a gun charge. I could go on an on of real life scenarios I've run across in CWP training classes, and actual SLED courses for continuing education.
Expungement is a good idea. It probably needs to be tiered as well. I would have done 1/5/15 then no more, but no one consulted me.
This is curious to me:Section 22-5-910. (A) Following a conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, or a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. However, this section does not apply to an offense involving the operation of a motor vehicle.
Why would you need to have a charge expunged for a crime with a penalty of not more than 30 days?
Everywhere else it is over one year. But in this bill if you have a misdemeanor that carries over a year i.e. a year and one day you can not own a firearm in the state. The federal side will not let you buy a gun or have federal contract or license. But you can own fire arms. Now SC just took your right to own a gun or ammo.
The 2 years for drinking a beer and having a gun on you is a tad much. I know you couldn't even wit ha CWP, but I was thinking that was 1 year?? I can't remember everything.
This is the best out of all of it:Section 16-23-495. (A) A person convicted of committing or attempting to commit a crime involving a concealable weapon, as defined by Section 23-31-210(5), in violation of an offense listed in Chapter 23, Title 16, or a violation of Section 10-11-320, must be imprisoned not to exceed three years. A term of imprisonment imposed for violating this section must be served consecutively to any term of imprisonment imposed for the underlying offense, and may not exceed the actual sentence imposed for the underlying offense.
(B) This section does not apply to a person with a valid permit to carry a concealable weapon issued pursuant to Article 4, Chapter 31, Title 23, provided that the permit was valid at the time the crime was committed.
So commit a crime with a CW with out a CWP 3 years. Commit same crime with a CWP your ok. I guess this is some sort upping charges?
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